SUMMARY: An ordinance amending the Washoe County Code by revising provisions relating to dangerous dogs. BILL NO. ORDINANCE NO.

Size: px

Start display at page:

Download "SUMMARY: An ordinance amending the Washoe County Code by revising provisions relating to dangerous dogs. BILL NO. ORDINANCE NO."

Darrell Laurence Campbell
5 years ago
Views:

1 SUMMARY: An ordinance amending the Washoe County Code by revising provisions relating to dangerous dogs. BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE WASHOE COUNTY CODE BY CLARIFYING THE MEANING OF A DANGEROUS DOG; BY SPECIFYING THAT AN ADMINISTRATIVE HEARING OFFICER MAY DETERMINE WHETHER A DOG IS DANGEROUS; BY FORBIDDING A FINDING THAT A DOG IS DANGEROUS BASED SOLELY ON ITS BREED; BY PROHIBITING THE INTRODUCTION, RELOCATION OR REMOVAL OF A DOG DECLARED TO BE DANGEROUS WITHOUT NOTIFICATION TO REGIONAL ANIMAL SERVICES; BY CLARIFYING THAT AN APPEAL FROM A DANGEROUS DOG DETERMINATION IS MADE VIA PETITION FOR JUDICIAL REVIEW; BY PROVIDING THAT THE OWNER OF A DANGEROUS DOG MUST MAINTAIN AN INCREASED SURETY BOND OR LIABILITY INSURANCE; BY PROVIDING FOR MANDATORY MICROCHIPPING AND SPAY OR NEUTER OF A DANGEROUS DOG; BY MAKING CHANGES TO DANGEROUS DOG REGISTRATION REQUIREMENTS; AND BY CLARIFYING PROVISIONS RELATED TO THE IMPOUNDMENT OF A DANGEROUS DOG. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WASHOE DO ORDAIN: SECTION 1. Section of the Washoe County Code is hereby amended to read as follows: Dangerous dog; determination. 1. As used in this section a dog is: (a) ADangerous@ if: (1) It is so declared pursuant to subsections 2 or 3; or (2) Without provocation, on 2 separate occasions within 18 months, it behavesd menacingly, to a degree that would lead a reasonable person to defend himself against substantial bodily harm, when the dog is was off the premises of its owner:; (3) Without provocation, it killed or inflicted substantial bodily harm upon a human being on public or private property; whether on or off the property of its owner; or (4) Without provocation, it killed or injured any domestic animal while the offending dog was off its owner s property. (i) Off the premises of its owner or keeper; or (ii) Not confined in a cage, pen or vehicle.

2 (b) when it is tormented or subject to pain. (c) if: (1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or

3 (2) After its owner or keeper has been notified by a law enforcement agency or animal control officer, it continues the behavior described in paragraph (a). 2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper. 3. Dangerous dog determination. (a) Any person who has been attacked by a dog, or an authorized representative of such person, or a person whose domestic animal has been killed or injured without provocation, or any law enforcement officer or animal control officer, may make a complaint before an administrative hearing officer approved by the Washoe County Board of County Commissioners, or a judge having jurisdiction over the matter, charging the owner of such a dog with harboring a dangerous dog or vicious dog requesting the dog be determined dangerous. (b) Any person whose domestic animal has been attacked by a dog, without provocation, and which has been killed or injured by said dog may make a complaint before an administrative hearing officer approved by the Washoe County Board of County Commissioners, or a judge having jurisdiction over the matter, requesting the dog be determined dangerous. (c) The hearing officer or judge in such action may make a determination that the dog is a dangerous dog or vicious dog based upon evidence of the dog=s history or propensity to attack without provocation as provided herein. (d) In the interests of public safety, regional animal services may require a dog pending a dangerous dog determination to be kept in a completely enclosed and locked enclosure, approved by regional animal services. 4. A dog may not be found dangerous or vicious: (a) based solely on the dog s breed; or (b) because of a defensive act against a person who was committing or attempting to commit a crime; or (c) who because a person provoked the dog by physically abusing, tormenting, teasing, assaulting, or attacking the subject animal. 5. This section shall not apply to animal shelters, commercial animal facilities, rescue/sanctuary animal facilities which have qualified as commercial animal facilities, or licensed veterinary clinics. This section shall not apply to dogs which are utilized by any law enforcement officer during the performance of his or her duties. 6. An owner or possessor of a dangerous dog shall not: (a) Introduce the dog into or relocate the dog within Washoe County without 30 days written notice to regional animal services. The notice must include:

4 (1) a description of the dog; (2) a copy of the dangerous dog determination order; (3) the dog s current address and proposed new address; (b) Introduce the dog into or relocate the dog within Washoe County without prior approval from regional animal services. The dog s owner must submit a new application and fee for property inspection and enclosure approval by regional animal services. (b) Remove from Washoe County any dog declared dangerous or which has a dangerous dog determination pending without 30 days written notice to regional animal services. 57. If a hearing officer or judge has made a finding under subsection 3 found a dog to be dangerous, the hearing officer or judge shall make a report of a that determination to an animal control officer regional animal services. If a law enforcement agency has made the declaration under subsection 2, the agency shall make a report to an animal control officer regional animal services. 68. Upon receipt of the determination from the hearing officer or judge or declaration from a law enforcement officer that a dog is a dangerous dog, an animal control officer regional animal services shall notify the owner of the dog that he must comply with the provisions of sections SECTION 2. Section of the Washoe County Code is hereby amended to read as follows: Dangerous dog; registration. 1. The owner of a dog that has been certified to be dangerous pursuant to section must: (a) Demonstrate that he has provided a proper enclosure to confine the dog and posted on his premises a clearly visible warning sign (containing letter at least 2 inches high) that there is a dangerous dog on the property. In addition, the owner shall display conspicuously a sign with a warning symbol that informs children of the presence of a dangerous dog. (b) A proper enclosure includes, but is not limited to: (1) An enclosure constructed of not less than 11 9 gauge chain link fencing or other material of equal strength as approved by animal control regional animal services. The floor(s) need not be concrete provided that the posts supporting the kennel walls have concrete footings not less than 24 inches in depth and the perimeter of the kennel has a concrete footing at least 6 inches wide and not less than 12 inches deep. The enclosure fencing shall be securely fixed to the pad or footing. A roof over the entire enclosure shall be constructed of not less than 11 9 gauge chain link fencing and securely fixed to all sides of the enclosure. All fencing and gate(s) shall be at least 6 feet in height. All animals shall at all times have access to an area sheltered from adverse

5 climatic conditions. All sheltered areas must be located inside the enclosure. All entrances to the enclosure must be secured by a padlock at all times. The size of such enclosure shall be determined by the size of the dog as follows: (i) Small breeds (20 pounds or less): 4 feet in width by 6 feet in length for one dog. An additional 2 feet in width for each additional dog. (ii) Medium breeds (under 40 pounds and over 20 pounds): 6 feet in width by 12 feet in length for one dog. An additional 4 feet in width for each additional dog. (iii) Large breeds (40 pounds or more): 12 feet in width by 18 feet in length for one dog. An additional 6 feet in width for each additional dog. Enclosures of other dimensions may be approved by an animal control officer on a case-by-case basis. 2. The owner of a dangerous dog must: (a) Post a surety bond with the county in an amount of $50, at least $250, per dog declared dangerous, issued by an insurer agency authorized to do business in the State of Nevada, payable to any person(s) injured by the dangerous dog, with Washoe County Regional Animal Services listed as an additional interest; or (b) Provide evidence of a policy of liability insurance, such as homeowner=s insurance, issued by an insurer authorized to do business in the State of Nevada in the amount of at least $50,000.00, $250, per dog declared dangerous, insuring the owner for any personal injuries inflicted by the dangerous dog, with Washoe County Regional Animal Services listed as an additional interest. (c) Microchip the dog declared dangerous and provide the identification number to regional animal services. (d) Spay or neuter the dog within 30 days of declaration and provide proof to regional animal services. 3. The owner of the dangerous dog shall also provide a signed statement attesting that the owner: (a) Shall maintain and not voluntarily cancel the liability insurance policy or surety bond required herein during the period covered by the registration unless the owner ceases to own or have custody of the dangerous dog during the registration period life of the animal; and (b) Shall immediately notify an animal control officer regional animal services once the owner has knowledge that the dangerous dog is at large, is unconfined, has attacked another animal, has attacked a human being, or has died or has been sold or given away. If the dangerous dog has been sold or given away, the owner shall provide an animal control officer with the name, address and telephone number of the new owner of the dangerous dog.

6 (c) Shall not transfer or give away any dog that has been declared dangerous.

7 4. The owner of a dangerous dog shall pay an annual inspection and registration fee for the dog in an amount per dog as set by the board of county commissioners. The registration fee shall be in addition to any other fees payable under this chapter to cover the increased costs of maintaining the animal s records. 5. The owner of a dangerous dog shall comply with the provisions of this section within 30 days of receipt of notification of the court=s hearing officer or judge s determination of a dangerous dog. Upon compliance with this section, the county regional animal services shall issue a certificate of registration to the owner of the dangerous dog. 6. As a condition to the issuance of a certificate of registration for a dangerous dog, tthe dog s owner of the dog shall allow an animal control officer upon or peace officer to inspect the premises where the animal is maintained at any reasonable hour for inspection of such premises. Section 3. Section of the Washoe County Code is hereby amended to read as follows: Dangerous dog; unlawful acts. 1. It is unlawful for an owner of a dog determined to be dangerous pursuant to section , to fail to register the dog in accordance with section It is unlawful for an owner of a dog determined to be dangerous pursuant to section to permit the dog to be outside the required enclosure unless the dog is under the direct control and supervision of the owner and the dog is muzzled and restrained by a chain having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or license tag, but must prevent the dog from attacking or biting any person or animal or from destroying property with its teeth. 3. If a dog determined to be dangerous pursuant to section , through the intentional, reckless or negligent conduct of the dog=s owner, attacks a person or attacks another domestic animal, said person is found to be in violation of this chapter, the owner of said dog shall be guilty of a misdemeanor. Section 4. Section of the Washoe County Code is hereby amended to read as follows:

8 Impoundment of dangerous dog; determination pending. 1. A dangerous dog shall be immediately confiscated and impounded by an animal control officer or law enforcement peace officer upon the occurrence of any of the following: (a) The dog is not validly registered under section ; (b) The owner of the dangerous dog does not secure and maintain the surety bond or insurance required under section ; (c) The dog is outside of the dwelling of the owner, or outside the proper enclosure and not under the required physical restraint of the owner.; (d) The dog attacks a person or another animal. 2. If a dog determined to be dangerous pursuant to section , through the intentional, reckless or negligent conduct of the dog=s owner attacks a person or attacks another domestic animal, and in addition to the criminal penalty provided in section , the dog shall be immediately confiscated and impounded, placed in quarantine if required for rabies control, and thereafter may be destroyed in an expeditious and humane manner, with the costs of quarantine and destruction to be borne by the dog=s owner A dog determined to be dangerous pursuant to section , or a dog which is the subject of a pending dangerous dog hearing, may be held at the county animal shelter in the interest of public safety. The dog s owner shall bear the costs of boarding and other related expenses. 3. All known incidents of dog attacks in the county shall be reported to the county animal services staff. An animal control officer shall conduct an investigation of the incident and take the appropriate steps as provided herein if a dog has been determined to be dangerous If a dog determined to be dangerous pursuant to section is found to be in violation of this chapter, the dog shall be immediately confiscated and impounded as required by law pending further court order from a court of competent jurisdiction. The dog s owner shall bear the costs of boarding and other related expenses. [Business Impact Note: The Board of County Commissioners hereby finds that this ordinance does not impose a direct and significant economic burden upon a business, nor does it directly restrict the formation, operation or expansion of a business.]

9 Proposed on the day of, Proposed by Commissioner. Passed on the day of, Vote: Ayes: Nays: Absent: ATTEST: Chairman Washoe County Commission County Clerk This ordinance shall be in force and effect from and after, 2015.

SUMMARY: An ordinance amending the Washoe County Code by revising provisions relating to dangerous dogs. BILL NO. ORDINANCE NO.

SUMMARY: An ordinance amending the Washoe County Code by revising provisions relating to dangerous dogs. BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE WASHOE COUNTY CODE BY CLARIFYING THE MEANING OF